2025-05-16T22:40:00Z

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Content warning: This story includes allegations of sexual assault.

In a significant turn of events in London, Ontario, a trial involving five former National Hockey League (NHL) players has transitioned to a judge-only proceeding after the jury was dismissed on Friday. The case revolves around serious allegations of sexual assault, causing heightened tensions and scrutiny surrounding the proceedings.

During a session led by Superior Court Justice Maria Carroccia, jurors were thanked for their service and subsequently discharged. The trial had initially commenced with jury selection on April 24, and the jury began hearing evidence on April 28. Notably, evidence presented thus far will remain valid, and witnesses who previously testified will not be required to repeat their statements.

The decision to dismiss the jury came after a juror submitted a note expressing discomfort with the behavior of the defense lawyers representing Alex Formenton. The juror felt that some defense attorneys were mocking their appearance as they entered the courtroom, labeling such conduct as "unprofessional and unacceptable." This prompted Justice Carroccia to take immediate action regarding the jurors’ welfare and the integrity of the trial.

In response to the allegations, the defense team for Formenton, comprised of lawyers Daniel Brown and Hilary Dudding, issued a statement to clarify the misunderstanding. They expressed that the notion of counsel ridiculing a juror is “illogical” and runs counter to their essential role in the courtroom.

Following the juror's complaint, all five defense teams sought a mistrial, citing fears that the allegation could create a “chilling” effect that might prejudice the jury against them. Assistant Crown attorney Meaghan Cunningham countered this request by suggesting that the jury be instructed to disregard the incident and focus solely on the evidence presented. She proposed a potential inquiry into jury members to assess impartiality, which could allow the trial to continue with fewer jurors if necessary. However, selecting a new jury would have required restarting the trial, which would also mean that the complainant would need to testify again—an arduous process that had already taken nine days.

This dismissal marks the second time a jury has been removed in this case. Previously, a mistrial was declared after the first day of proceedings when a court officer reported an inappropriate interaction between a juror and one of the defense lawyers during a lunch break, leading to questions regarding the jurors' ability to remain unbiased. Dudding maintained that their interaction was a mere misunderstanding, although the judge concluded that the jury could no longer function impartially.

After the dismissal of the jurors, testimony resumed with Tyler Steenbergen, a former player in the Canadian World Junior team, who appeared via video call from Sylvan Lake, Alberta. Steenbergen provided testimony regarding an incident in Room 209 at the Delta Armouries hotel, where the woman involved had allegedly requested sexual activity from the men present. He recounted that the woman did not seem distressed when she exited the washroom without clothing and that she approached a bedsheet on the floor independently.

Steenbergen’s testimony shifted when he recalled the woman asking the men for sex, a request that was made using an expletive. This statement caught his attention, as he described it as something he had “never heard before.” In a later exchange, he described a moment in which one of the men playfully slapped the woman's buttocks, asserting that it was not intended to harm her.

As of now, McLeod faces two counts of sexual assault, while Dube, Foote, Formenton, and Hart are each charged with one count of sexual assault. All defendants have pleaded not guilty. The Ontario Superior Court of Justice trial, anticipated to last approximately eight weeks, is now entering its fifth week and is set to continue on Tuesday with further testimony from Steenbergen.